OLE, INC. v. YARIV

Nos. 88-1840, 88-1841.

566 So.2d 812 (1990)

OLE, INC., a Florida Corporation, D/B/a Uno, et al., Appellants, v. Yael YARIV, a Minor, by and through Her Parents, Guardians and Next Friends, Tzemach Yariv and Diana Yariv, Individually, et al., Appellees.

District Court of Appeal of Florida, Third District.

September 4, 1990.


Attorney(s) appearing for the Case

Rasco, Reininger and Dannheisser and Steven Reininger and Sharon L. Blake, Miami, for appellant Ole, Inc.

Ralph W. Symons, Anderson, Moss, Russo & Cohen, Elizabeth K. Russo, Miami, for appellees Yariv.

Before SCHWARTZ, C.J., and COPE, J., and GAVIN K. LETTS, Associate Judge.


PER CURIAM.

Ole, Inc., defendant below, moved to set aside a default and default judgment. The trial court set aside the default judgment, but declined to set aside the default. Ole appeals, contending that the default should also have been vacated, while plaintiffs Yael, Tzemach and Diana Yariv separately appeal, contending relief should have been denied altogether. We conclude that the default should have been vacated and reverse insofar as that relief was denied...

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